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G.R. No.

79538 October 18, 1990


Felipe Ysmael, Jr. & Co., Inc., Petitioner,
Vs. The Deputy Executive Secretary, The Secretary Of Environment And Natural
Resources, The Director Of The Bureau Of Forest Development And Twin Peaks
Development And Realty Corporation, Respondents.
Courts, J.:
Facts: Petitioner sent a letter dated March 17, 1986 to the Office of the President
seeking: (1) the reinstatement of its timber license agreement which was cancelled
in August 1983 during the Marcos administration; (2) the revocation of TLA No.
356 which was issued to Twin Peaks Development and Realty Corporation without
public bidding and in violation of forestry laws, rules and regulations; and, (3) the
issuance of an order allowing petitioner to take possession of all logs found in the
concession area.
Petitioner subsequently appealed from the orders of the MNR to the Office
of the President. In a resolution dated July 6, 1987, the Office of the President,
acting through then Deputy Executive Secretary Catalino Macaraig, denied
petitioner's appeal for lack of merit. The Office of the President ruled that the
appeal of petitioner was prematurely filed, the matter not having been terminated
in the MNR. Petitioner's motion for reconsideration was denied on August 14,
1987.
Hence, petitioner filed directly with this Court a petition for certiorari, with
prayer for the issuance of a restraining order or writ of preliminary injunction.
Held: Thus, while the administration grapples with the complex and multifarious
problems caused by unbridled exploitation of these resources, the judiciary will
stand clear. A long line of cases establish the basic rule that the courts will not
interfere in matters which are addressed to the sound discretion of government
agencies entrusted with the regulation of activities coming under the special
technical knowledge and training of such agencies. More so where, as in the
present case, the interests of a private logging company are pitted against that of
the public at large on the pressing public policy issue of forest conservation.
Timber licenses, permits and license agreements are the principal instruments by
which the State regulates the utilization and disposition of forest resources to the
end that public welfare is promoted.
The ongoing administrative reassessment is apparently in response to the
renewed and growing global concern over the despoliation of forest lands and the
utter disregard of their crucial role in sustaining a balanced ecological
system. While there is a desire to harness natural resources to amass profit and to
meet the country's immediate financial requirements, the more essential need to
ensure future generations of Filipinos of their survival in a viable environment
demands effective and circumspect action from the government to check further
denudation of whatever remains of the forest lands. Nothing less is expected of the
government, in view of the clear constitutional command to maintain a balanced
and healthful ecology.
However, petitioner having failed to make out a case showing grave abuse of
discretion on the part of public respondents herein, the Court finds no basis to issue
a writ of certiorari and to grant any of the affirmative reliefs sought.

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